Wed. Feb 28th, 2024

After more than three years of proceedings, the Superior Court authorizes a class action which will affect nearly 120 public CHSLDs.

COVID-19 in CHSLD: the Superior Court authorizes class action

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More than 5,000 seniors have lost their lives in Quebec living environments during the first wave of COVID-19.

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Following almost four years of efforts, a group represented by lawyer Patrick Martin-Ménard obtained authorization to move forward with a class action against the government of Quebec on behalf of all CHSLD residents who had experienced outbreaks of COVID-19 during the first two waves of the pandemic, and on behalf of the families of those who died.

The main plaintiff in this request initially filed in April 2020, Jean-Pierre Daubois, had lost his 94-year-old mother, a resident of the CHSLD Sainte-Dorothée de Laval, in April 2020. During this first wave, nearly half of her residents infected with COVID-19 had died.

According to the judgment consulted by Radio-Canada, nearly 120 public CHSLDs will be included in the action collective.

Any person who resided at any time between March 13, 2020 and March 20, 2021 in one of Quebec's public CHSLDs in which there was an outbreak of 25% or more cases of COVID-19, as well as their spouse , their natural caregiver(s), their children and their grandchildren, as well as the heirs and beneficiaries of deceased residents.

A quote from Extract from the judgment of the Superior Court

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The group maintained that the deficiency and negligence in the provision of care and hygiene measures offered to residents of this CHSLD had resulted in the spread and outbreak of COVID-19 and ultimately caused contamination and deaths. residents of this CHSLD.

During the hearings last September, Me Martin-Ménard affirmed that the CHSLD Sainte-Dorothée experienced the worst outbreak in Quebec, and one of the worst on the planet. Through what we learned in this file, we noted that there had been several shortcomings in preparation and management.

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We want the government of Quebec to be held responsible for this lack of preparation, declared Jean-Pierre Daubois. There was serious incompetence on their part, we want that to change.

The latter wanted collective action to affect all CHSLDs where there was an outbreak.

A press briefing is planned for later this morning.

Tens of thousands of dollars are being claimed in damages for each of the surviving residents as well as for the families of the deceased. An additional $10 million in punitive damages is sought for the class.

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